LegalizeVerdrag tussen het Koninkrijk der Nederlanden, voor Aruba, en de Regering van Canada inzake luchtvervoer
The Kingdom of the Netherlands in respect of Aruba
and
the Government of Canada,
hereinafter referred to as the ``Contracting Parties",
Being parties to the Convention on International Civil Aviation opened for signature at Chicago, on the 7th day of December, 1944,
Desiring to ensure the highest degree of safety and security in international air transportation,
Recognizing the importance of international air transportation in promoting trade, tourism and investment,
Desiring to promote their interests in respect of international air transportation,
Desiring to conclude an agreement on air transport, supplementary to the said Convention and replacing the Air Transport Agreement between the Government of the Kingdom of the Netherlands and the Government of Canada, done at Ottawa on the 17th day of June, 1974, as regards air transport services between Canada and Aruba,
Have agreed as follows:
Article I. Definitions
For the purpose of this Agreement, unless otherwise stated:
- a). ``Aeronautical authorities" means, in the case of Canada, the Minister of Transport and the Canadian Transportation Agency and, in the case of the Kingdom of the Netherlands in respect of Aruba, the Minister of Tourism and Transport and the Department of Civil Aviation of Aruba or, in both cases, any other authority or person empowered to perform the functions exercised by the said authorities;
- b). ``Agreed services" means scheduled air services on the routes specified in this Agreement for the transport of passengers and cargo, including mail, separately or in combination;
- c). ``Agreement" means this Agreement, any Annex attached thereto, and any amendments to the Agreement or to any Annex;
- d). ``Convention" means the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December 1944 and includes any Annex adopted under Article 90 of that Convention and any amendment of the Annexes or of the Convention under Articles 90 and 94 thereof so far as those Annexes and amendments have been adopted by both Contracting Parties;
- e). ``Designated airline" means an airline which has been designated and authorized in accordance with Articles IV and V of this Agreement;
- f). ``Change of Aircraft" refers to the operation of one of the agreed services in such a way that one section of the route is flown by a different aircraft from that used on another section;
- g). ``Territory" in the case of Canada has the meaning assigned to it in Article 2 of the Convention; and in the case of the Kingdom of the Netherlands in respect of Aruba, the land area of Aruba and the territorial waters adjacent thereto; and
- h).
Air services",International air service",Airline" andStop for non-traffic purposes" have the meaning assigned to them in Article 96 of the Convention.
Article II. Grant of Rights
Each Contracting Party grants to the other Contracting Party the following rights for the conduct of international air services by the airline or airlines designated by that other Contracting Party:
- a). The right to fly without landing across its territory;
- b). the right to land in its territory for non-traffic purposes; and
- c). to the extent permitted in this Agreement, the right to make stops in its territory on the routes specified in this Agreement for the purpose of taking up and discharging international traffic in passengers and cargo, including mail, separately or in combination.
The airlines of each Contracting Party, other than those designated under Article IV of this Agreement, shall also enjoy the rights specified in paragraphs 1(a) and (b) of this Article.
Nothing in paragraph 1 of this Article shall be deemed to confer on a designated airline of one Contracting Party the right of taking up, in the territory of the other Contracting Party, passengers and cargo, including mail, carried for remuneration or hire and destined for another point in the territory of that other Contracting Party.
Article III. Change of Aircraft
A designated airline of one Contracting Party may make a change of aircraft at any point or points in the territory of the other Contracting Party or at any intermediate point or points in third countries on the routes specified in this Agreement provided that:
- a). a designated airline shall not provide, or represent itself by advertisement or otherwise as providing, any service other than an agreed service on the routes specified in this Agreement;
- b). where an agreed service involves a change of aircraft, the operator of the aircraft and the aircraft type shall be identified in all transportation documents, service schedules, timetables, computer reservation systems, electronic displays and any other public advertising of the air service;
- c). the aircraft operating on the sector more distant from the territory of the Contracting Party designating the airline shall operate in connection with the aircraft on the nearer sector for the purpose of providing continuous transportation through the point of change and, for own-aircraft operations, the capacity provided on the more distant sector shall be determined with primary reference to this purpose;
- d). where a designated airline of one Contracting Party makes a change of aircraft in the territory of the other Contracting Party with its own aircraft, and when more than one aircraft is operated beyond the point of change, the number of flights on the sector of the route more distant from the territory of the Contracting Party designating the airline shall not exceed the number of flights on the nearer sector, unless specifically provided for in this Agreement or otherwise authorized by the aeronautical authorities of that other Contracting Party; and
- e). all operations involving change of aircraft shall be conducted in conformity with the capacity provisions of this Agreement.
The provisions of paragraph 1 of this Article shall:
- a). not restrict the right of a designated airline to change aircraft in the territory of the Contracting Party designating that airline; and
- b). not allow a designated airline of one Contracting Party to station its own aircraft in the territory of the other Contracting Party for the purpose of change of aircraft.
Article IV. Designation
Each Contracting Party shall have the right to designate, by diplomatic note, an airline or airlines to operate the agreed services on the routes specified in this Agreement for that Contracting Party and to withdraw a designation or to substitute another airline for one previously designated.
Article V. Authorization
Following receipt of a notice of designation or of substitution pursuant to Article IV of this Agreement, the aeronautical authorities of the other Contracting Party shall, consistent with the laws and regulations of that Contracting Party, issue without delay to the airline or airlines so designated the required authorizations to operate the agreed services for which that airline has been designated.
Upon receipt of such authorizations, the designated airline may begin at any time to operate the agreed services, in whole or in part, provided that the airline complies with the provisions of this Agreement.
Article VI. Withholding, Revocation and Limitation of Authorization
The aeronautical authorities of each Contracting Party shall have the right to withhold the authorizations referred to in Article V of this Agreement with respect to an airline designated by the other Contracting Party, and to revoke, suspend or impose conditions on such authorizations, temporarily or permanently:
- a). in the event of failure by such airline to qualify under the laws and regulations normally applied by the aeronautical authorities of the Contracting Party granting the rights;
- b). in the event of failure by such airline to comply with the laws and regulations of the Contracting Party granting the rights;
- c). in the event that they are not satisfied that substantial ownership and effective control of the airline are vested in the Contracting Party designating the airline or its nationals or both; and
- d). in the event the airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement.
Unless immediate action is essential to prevent infringement of the laws and regulations referred to above or unless safety or security requires action in accordance with the provisions of Articles VIII or IX, the rights enumerated in paragraph 1 of this Article shall be exercised only after consultations between the aeronautical authorities in conformity with Article XXI of this Agreement.
Article VII. Application of Laws
The laws, regulations and procedures of one Contracting Party relating to the admission to, remaining in, or departure from its territory of aircraft engaged in international air navigation, or to the operation and navigation of such aircraft shall be complied with by the designated airline or airlines of the other Contracting Party upon entrance into, departure from and while within the said territory.
The laws and regulations of one Contracting Party relating to the admission to, remaining in, or departure from its territory of passengers, crew and cargo (such as regulations relating to entry, clearance, transit, aviation security, immigration, passports, customs and quarantine) shall be complied with by the designated airline or airlines of the other Contracting Party and by or on behalf of such passengers, crew and cargo upon transit of, admission to, departure from and while within the said territory. In the application of such laws and regulations, a Contracting Party shall, under similar circumstances, accord to the designated airline or airlines of the other Contracting Party treatment no less favourable than that accorded to its own or any other airline engaged in similar international air services.
Article VIII. Safety Standards, Certificates and Licences
Certificates of airworthiness, certificates of competency and licences, issued or rendered valid by the aeronautical authorities of one Contracting Party and still in force, shall be recognized as valid by the aeronautical authorities of the other Contracting Party for the purpose of operating the agreed services provided that such certificates or licences were issued or rendered valid pursuant to, and in conformity with, the standards established under the Convention. The aeronautical authorities of each Contracting Party reserve the right, however, to refuse to recognize, for the purpose of flights above its own territory, certificates of competency and licences granted to its own nationals by the other Contracting Party.
If the privileges or conditions of the licences or certificates referred to in paragraph 1 above, issued by the aeronautical authorities of one Contracting Party to any person or designated airline or in respect of an aircraft used in the operation of the agreed services, should permit a difference from the standards established under the Convention, and which difference has been filed with the International Civil Aviation Organization, the other Contracting Party may request consultations between the aeronautical authorities in conformity with Article XXI of this Agreement with a view to clarifying the practice in question.
Consultations concerning the safety standards and requirements maintained and administered by the aeronautical authorities of the other Contracting Party relating to aeronautical facilities, aircrew, aircraft, and operation of the designated airlines shall be held within fifteen (15) days of receipt of a request from either Contracting Party. If, after fifteen (15) days from the date of the request for consultations, the aeronautical authorities of one Contracting Party find that the aeronautical authorities of the other Contracting Party do not effectively maintain and administer safety standards and requirements in these areas that are at least equal to the minimum standards which may be established pursuant to the Convention, the aeronautical authorities of the other Contracting Party shall be notified of such findings and the steps considered necessary to conform with these minimum standards. Failure to take appropriate corrective action within a reasonable time shall constitute grounds for withholding, revoking, suspending or imposing conditions on the authorizations of the airline or airlines designated by the other Contracting Party.
When immediate action is essential to the safety of airline operations, the aeronautical authorities of one Contracting Party may withhold, revoke, suspend or impose conditions on the authorizations of the airline or airlines designated by the other Contracting Party.
Article IX. Aviation Security
Consistent with their rights and obligations under international law, the Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement.
Without limiting the generality of their rights and obligations under international law, the Contracting Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on September 14, 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on December 16, 1970, the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, signed at Montreal on September 23, 1971, and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, signed at Montreal on 24 February 1988 and any other multilateral agreement governing aviation security binding upon both Contracting Parties.
The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil aviation.
The Contracting Parties shall act in conformity with the aviation security provisions established by the International Civil Aviation Organization and designated as Annexes to the Convention on International Civil Aviation to the extent that such security provisions are applicable to the Contracting Parties; they shall require that operators of aircraft of their registry, operators of aircraft who have their principle place of business or permanent residence in their territory, and the operators of airports in their territory act in conformity with such aviation security provisions. Accordingly, each Contracting Party shall advise the other Contracting Party of any difference between its national regulations and practices and the aviation security standards of the Annexes referred to in this paragraph. Either Contracting Party may request immediate consultations with the other Contracting Party at any time to discuss any such differences.
Each Contracting Party agrees that its operators of aircraft may be required to observe the aviation security provisions referred to in paragraph 4 above required by the other Contracting Party for entry into, departure from, or while within the territory of that other Contracting Party. Each Contracting Party shall ensure that adequate measures are effectively applied within its territory to protect the aircraft and to inspect passengers, crew, carry-on items, baggage, cargo, mail and aircraft stores prior to and during boarding and loading.
Each Contracting Party shall, as far as may be practicable, meet any request from the other Contracting Party for reasonable special security measures to meet a particular threat.
Each Contracting Party shall have the right, within sixty (60) days following notice (or such shorter period as may be agreed between the aeronautical authorities), to conduct an assessment in the territory of the other Contracting Party of the security measures being carried out, or planned to be carried out, by aircraft operators in respect of flights arriving from, or departing to the territory of the first Contracting Party. The administrative arrangements for the conduct of such assessments shall be agreed between the aeronautical authorities and implemented without delay so as to ensure that assessments will be conducted expeditiously.
When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports or air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and taking other appropriate measures intended to terminate rapidly and safely such incident or threat thereof.
De raadpleging van dit document komt niet in de plaats van het lezen van het oorspronkelijke Staatsblad of de Staatscourant. Wij aanvaarden geen aansprakelijkheid voor eventuele onnauwkeurigheden die voortvloeien uit de omzetting van het origineel naar dit formaat.